Steve Tostdevine was described as “the fittest 77-year-old you could meet,” but tragically, just weeks after discovering a small lump on his thigh, he passed away.
His rapid and unexpected decline left his widow, June, devastated. She believes that if his cancer had been identified earlier, Steve might have had a chance of survival. “If Steve had been diagnosed sooner, maybe he would have survived,” June, 62, expressed.
Steve, who was born in London, spent his life managing pubs and clubs. He and June had shared 30 years together, and Steve was enjoying his retirement in Tyneside, Durham.
June described Steve as “the life and soul of every party,” but his health began to deteriorate rapidly in May 2023. At that time, he noticed a lump on his thigh and began experiencing pain in his leg, along with an unusual sense of fatigue. Despite June’s urging, Steve was initially told by a GP that the lump was likely a muscle strain or hernia.
However, when Steve’s condition worsened, and he began spending entire days in bed, further tests were conducted, revealing a potential infection, with the lump on his thigh continuing to grow.
On June 9, Steve was admitted to emergency care, and within just four days, he had lost a significant amount of weight. Medical professionals informed June that Steve’s scans suggested he had sarcoma, a type of cancer that develops in bones or soft tissues.
Despite the urgency, Steve was sent home after a week in the hospital, while they waited for biopsy results. June and other family members did their best to care for Steve at home, but he was in severe pain, unable to eat or drink.
On June 25, Steve’s condition deteriorated drastically. June described how Steve was in excruciating pain, with his stomach becoming hard, and he lost sensation from the waist down.
Desperate for help, June demanded a GP visit, and a doctor quickly recognized the severity of Steve’s condition, delivering the heartbreaking news that Steve did not have long to live. Palliative care was arranged, but sadly, Steve passed away just 11 days after returning home.
On the day of Steve’s funeral, June received confirmation that his cancer had been diagnosed as liposarcoma, a rare and aggressive cancer that develops from fat cells and can occur anywhere in the body. Only around 454 cases of liposarcoma are diagnosed annually in England.
Steve’s sudden and tragic death has deeply impacted June, who shared:
“I’m now on antidepressants. I couldn’t bear to stay in the house we shared, so I spent five months living with my daughters.”
June, who has since moved into a flat in Jarrow, has filed a complaint with the health ombudsman regarding concerns over the care Steve received.
Medical Negligence
Oakwood Solicitors Ltd’s specialist Medical Negligence department has an in-house team of solicitors and legal professionals dedicated solely to this area of law.
With over 30 years of combined experience, we are dedicated to assisting clients who have suffered physically, mentally, and financially as a result of negligent medical treatment.
The specialist team pursues an array of medical negligence claims ranging from prescription errors and misdiagnosis to complex birthing injury and spinal claims and everything else in between.
What is a medical delay or misdiagnosis
Medical delays and misdiagnosis are some of the most common types of medical negligence claims.
Medical misdiagnosis (incorrect diagnosis or failure to diagnose) is when a medical professional provides an incorrect diagnosis or fails to diagnosis you after negligently misinterpreting your symptoms and/or not investigating your symptoms appropriately.
If you have received an incorrect diagnosis, you may have undergone unnecessary treatments or procedures. Further to this, particularly in relation to a failure to diagnose, your condition may go untreated, or its treatment may get delayed, meaning that you may require more invasive treatment in the future.
A delay in medical diagnosis is when a medical professional fails to a diagnose a health condition when they should have done or fails to refer you for investigations, meaning you are diagnosed late. This can again lead to a worsening of the condition and prolong your period without necessary treatment.
This can encompass delays in referrals, scans and other investigations. It can also include medical professionals overlooking symptoms or records that are re-reviewed at a later date and urgently acted upon once the delay has been identified.
Where might medical delays or misdiagnosis occur?
Medical misdiagnosis and/or delay can occur in all areas of medical practice. However, are very common in the following settings:
Furthermore, medical misdiagnosis and/or delay can occur in diagnosing any medical conditions however are very common in the following medical conditions:
Medical misdiagnosis and/or delay can severely affect an individual’s life, treatment options, recovery period and in more serious cases the chance of survival.
If you have been given the wrong medical advice or course of treatment which has left you in a debilitating condition, you may be eligible to make a medical misdiagnosis and/or delay claim.
Medical negligence claims
If yourself or a loved one has suffered as a result of medical negligence, you may be entitled to claim compensation for the damages.
How to make a medical negligence claim
Medical negligence claims are subject to a three-year limitation period. This means that claims have to be commenced within the courts within three years of either the date the negligent act occurred or the date you became aware that negligence had occurred.
In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.
The law surrounding limitation periods is complex, our specialist team will be able to advise further.
Who can make a claim?
The victim of the negligence can bring about a claim in their own right. However, it may sadly be the case that the victim is no longer able to bring about a claim or has passed. In such circumstances, a claim can be brought about by the executor of the estate or an authorised person.
For further information about whether you can bring about a claim, please contact the medical negligence team who will be able to advise further.
What do I need to prove to make a claim?
For a successful medical negligence claim, it needs to be proven that:
- The healthcare provider had a duty or obligation to you.
- The healthcare provider fell short due to medical negligence.
- You were harmed as a direct result of the medical negligence.
What evidence should I provide?
Our medical negligence team will assist you in obtaining the evidence needed. However, the following can be useful to assist with your claim:
- Medical notes
- Diary entries of what occurred
- Any communication from GPs or healthcare professionals
- Witness statements
- Proof of loss of earnings
How long will my claim take?
Given the complexities involved in pursuing medical negligence claims, they can often take 12-18 months to conclude and longer if Court proceedings have to be issued.
Our investigations start by obtaining all relevant records and protocols before approaching the Defendants in claims of this nature. Depending upon the injury suffered, independent medical experts may need to be consulted.
We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.
How much compensation will I get?
For medical negligence cases, we will pursue two forms of compensation for you:
- Firstly we will pursue compensation known as general damages:
This is an award of money for the pain and suffering you have endured as a result of the negligence. General damages will be awarded based on the severity and ongoing effects of the injury. The Judicial College guidelines will be used as a framework for how much you will be awarded.
- Secondly, we will pursue compensation known as special damages:
This is an award of money for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, and treatment costs both past and future. This list is not exhaustive and is very case-specific.
Why should I use Oakwood Solicitors Ltd?
We have a dedicated team of solicitors and paralegals who have many years of experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.
Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.
Further reading
Medical misdiagnosis or delay – Oakwood Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department.
Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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